General Terms and Conditions - Sermo Benelux

Article 1 - Definitions

1. Cooling-off period: The 14-day period in which the consumer has the right to cancel the purchase.

2. Right of withdrawal: The consumer's right to withdraw from the contract within the cooling-off period without providing any reason.

3. Consumer: A natural person who does not act for purposes related to their trade, business, craft, or profession.

4. Entrepreneur: Sermo Benelux, the seller of the products or services.

Article 2 - Identity of the entrepreneur Sermo Benelux
Bernstraat 9, 2660 Hoboken, Belgium
Customer service: Mon-Fri 11:00 AM - 3:00 PM
Email: [email protected]
VAT number: BE0805155230

Article 3 - Applicability

1. These general terms and conditions apply to every offer and every remote agreement between Sermo Benelux and the consumer.

2. If specific product or service conditions apply, they are additional to these general terms and conditions.

Article 4 - The offer

1. Each offer includes a clear and complete description of the offered products or services.

2. The price is stated including VAT.

3. Product images are as accurate as possible but may differ. No rights can be derived from them.

Article 5 - The agreement

1. The agreement is concluded at the moment the consumer accepts the offer and Sermo Benelux confirms it.

2. After electronic acceptance, the consumer immediately receives a confirmation by email.

Article 6 - Right of withdrawal

Our products are provided with a plastic seal by the manufacturer. Only this seal is considered official. For health and hygiene reasons, sealed products cannot be returned if the seal has been broken after delivery. If the product is unopened and in its original seal, it can be returned within the applicable return period.

Withdrawal Period

The withdrawal period expires 14 days after the day on which you, or a third party designated by you (other than the carrier), physically takes possession of the goods. In the case of services, the period starts from the day the contract is concluded.

How to Exercise Your Right of Withdrawal

To exercise the right of withdrawal, you must inform us of your decision to withdraw from the contract by means of an unequivocal statement (e.g., in writing by post or email). You may use the model withdrawal form (see below), but it is not obligatory.

Our contact details:
Sermo Benelux
Bernstraat 9, 2660 Antwerpen
[email protected]

To comply with the withdrawal deadline, it is sufficient that you send your communication regarding the exercise of your right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from the contract, we will refund all payments you have made, including delivery costs (except for any additional costs resulting from your choice of a more expensive delivery method than the cheapest standard delivery), without undue delay and in any event no later than 14 days from the day we are informed of your decision to withdraw from the contract.

We will make the refund using the same means of payment as you used for the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of this refund.

We may withhold the refund until we have received the goods back, or you have provided proof that you have returned the goods, whichever comes first.

Return of Goods

You must return or hand over the goods without undue delay and in any event no later than 14 days from the day on which you communicate your decision to withdraw from the contract. You are on time if you send back the goods before the 14-day period has expired.

The costs of returning the goods are at your own expense, unless otherwise agreed. You are only liable for any diminished value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the goods.

Exceptions to the Right of Withdrawal

The right of withdrawal does not apply to:

• Sealed goods that are not suitable for return due to health protection or hygiene reasons and that have been unsealed after delivery.

Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract.)

To: [Sermo Benelux, Bernstraat 9, [email protected]]

I/We () hereby notify you that I/We () withdraw from our contract for the sale of the following goods/service (*).

• Ordered on () / Received on ():
• Name of consumer(s):
• Address of consumer(s):
• Signature of consumer(s) (only if this form is submitted on paper):
• Date:

Article 8 - Returns

1. The consumer must register the return within 14 days after reception

    via email or the return form.

2. Return costs are borne by the consumer, unless otherwise agreed

3. We will reimburse all payments received from the consumer, including, where applicable, delivery costs, without delay and in any case within 14 days after the day on which we are informed of the consumer's decision to withdraw from the contract in accordance with Article VI.49.

    

4. Return address: Bernstraat 9, 2660 Hoboken, Belgium.

Article 9 - Prices and payments

1. All prices include VAT and other applicable charges.

2. Price changes after purchase are not allowed, except in case of legal adjustments.

Article 10 - Warranty

The 2-year statutory conformity guarantee for consumer goods applies.

Sealed goods that are not suitable for return for health or hygienic reasons and of which the seal has been broken after delivery.

Article 11 - Complaints procedure

1. Complaints must be reported within 7 days of discovery via email.

2. If the complaint is not resolved, the consumer can contact the Consumer Mediation Service or the European ODR platform (https://ec.europa.eu/consumers/odr/).

Article 12 - Liability

1. Sermo Benelux is not liable for indirect damage such as consequential damage, lost profits, or intangible damage.

2. Maximum liability is limited to the purchase amount of the product.

Article 13 - Applicable law and disputes

1. These general terms and conditions are subject to Belgian law.

2. Disputes will be settled by the courts of the consumer’s place of residence, unless otherwise agreed.

Article 14 - Payment and Debt Collection

Invoices must be paid within the period specified on the invoice. If payment is not made within this period, the customer is considered to be in default without the need for further formal notice.

In the event of non-payment within the stipulated period, Sermo Benelux reserves the right to:
If payment is not received within the stipulated period, a late payment interest of 1% per month will be charged without any further formal notice. In addition, the customer will be liable for a fixed compensation of 10% of the outstanding amount, with a minimum of €75 and a maximum of €2,500. All additional collection costs, including bailiff and legal fees, will be entirely borne by the customer.

If an outstanding debt remains unpaid despite reminders, the claim may be transferred to a debt collection agency or bailiff without prior notice. All collection costs (judicial and extrajudicial) will be fully charged to the customer.

In case of a dispute regarding an invoice, the customer must notify us in writing with justification within 15 days from the invoice date. After this period, the invoice will be considered as accepted.